** FILE ** This is an undated photo of Umer Hayat provided by the Lodi (Calif.) Police Department. Hayat, 47, was indicted on a single count of lying to investigators when he denied that his son had attended training camps connected to al-Qaida. Hayat later admitted flying his son to Pakistan and paying for the camp, which was run by the friend of a relative. U.S. District Judge Garland E. Burrell Jr. on Friday, July 1, 2005, set the trial for Aug. 23 and placed the burden on the government to prove why the two men should not be tried quickly. (AP Photo/Lodi Police Department via the Lodi News-Sentinel) less

** FILE ** This is an undated photo of Umer Hayat provided by the Lodi (Calif.) Police Department. Hayat, 47, was indicted on a single count of lying to investigators when he denied that his son had attended ... more

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This is an undated photo of Hamid Hayat provided by the Hayat family. Hayat, 22, allegedly lied to agents when he denied attending a terrorism camp in Pakistan in 2003 and 2004. His father, Umer Hayat, 47, was charged with lying to investigators about his son's camp activity that he allegedly financed. U.S. District Judge Garland E. Burrell Jr. on Friday, July 1, 2005, set the trial for Aug. 23 and placed the burden on the government to prove why the two men should not be tried quickly. (AP Photo/Hayat family via Lodi News-Sentinel) less

This is an undated photo of Hamid Hayat provided by the Hayat family. Hayat, 22, allegedly lied to agents when he denied attending a terrorism camp in Pakistan in 2003 and 2004. His father, Umer Hayat, 47, was ... more

2005-09-24 04:00:00 PDT Sacramento -- A federal magistrate said Friday that he would rule early next week on whether to grant release on bail to an ice cream truck driver from Lodi accused of lying to FBI agents about his son's alleged attendance at a terrorist camp in Pakistan in late 2003 and early 2004.

A potential $1.2 million bail amount for Umer Hayat, 47, was debated at a hearing Friday at the U.S. District Court in Sacramento, after Hayat and his son, 23-year-old Hamid Hayat, were arraigned on charges handed down a day earlier in a grand jury indictment.

Hamid Hayat, previously charged only with lying, was indicted on a charge of providing material support to terrorists, while his father remains charged with lying. Both pleaded not guilty.

Hamid Hayat's attorney declined to argue for his release on bail in light of the new charge, saying she would revisit the issue later.

Chief Magistrate Judge Gregory Hollows used strong language to describe the charges, saying, "The picture painted is one of persons actively seeking to commit murder and mayhem." He asked how Umer Hayat, with an estimated $4,500 yearly income, could afford trips for himself and his family to Pakistan.

But the judge also discussed a list of potential conditions under which Umer Hayat might be released, including home detention with electronic monitoring. Umer Hayat said he would agree to the conditions.

The judge said he would consider the matter after the prosecution and defense sharply disagreed on whether Umer Hayat would be a flight risk.

Assistant U.S. Attorney S. Robert Tice-Raskin said he was "connected to a jihadi network" in Pakistan and had an incentive to "cut his losses" and flee there.

But defense attorney Johnny L. Griffin III said the government was treating his client "as a monster (even though) they're not willing to charge him as a monster." He said Umer Hayat had no connection to terrorism and was supported by a family and a community that had a "vested interest" in beating the charge.

Umer Hayat occasionally tipped his head back and sighed deeply during the hearing as he listened to an Urdu interpreter through headphones.

Outside the federal court, a group of young people related to the Hayats carried protest signs for the first time in the investigation. One sign read, "Free the Ice Cream Man," and another said FBI stood for "Feds Busting Islamics." Umer Hayat's 10-year-old daughter, Raheela, carried a sign reading, "Free My Dad."

U.S. Attorney McGregor Scott, who is prosecuting the case, said Thursday that the investigation was "targeting conduct, not people."

The probe came to light in early June when Hamid Hayat was arrested just a few days after returning from a long trip to Pakistan. Authorities have alleged that radicals in Pakistan planned to relay terrorism orders to two Muslim clerics working in Lodi, who would in turn give the orders to young men recruited through an Islamic school in the city.

Also detained in the recent investigation were Lodi religious leaders Shabbir Ahmed and Mohammad Adil Khan, and Khan's 19-year-old son, who were each charged with violating religious-worker visas. The government says Hamid Hayat was to receive mission orders from the two clerics.

They agreed to be deported to their native Pakistan rather than fight the immigration charges. Their attorney said they had no connection to terrorism.